ArticleWhen ‘I quit' doesn't mean ‘I quit'Employers should be careful not to hastily accept an employee's resignation made in the heat of the moment.AustraliaEmployment and HRGilchrist Connell
ArticleNo jab, no work – Valid employee dismissal for refusing the flu vaccineThis decision provides further guidance for employers who are considering mandatory COVID-19 vaccines for their employees.AustraliaEmployment and HRPeople + Culture Strategies
ArticleYou're Dismissed…or Maybe Not: When A Demotion May Not Amount To A DismissalIn a recent decision, the Fair Work Commission Full Bench (FWCFB), in considering the meaning of "dismissal" under section 386 of the Fair Work Act 2009 (Cth) (FW Act), has found that a 10% salary reduction did not amount to a dismissal.AustraliaEmployment and HRVincent Young
ArticleDismissed for misconduct: facing the consequences of Facebook postingsEmployers should avoid uncertainty about the use of social media in and outside the workplace by appropriate policies.AustraliaEmployment and HRCarroll & O'Dea
ArticleMonth in review – Workplace culture mattersConsiders recent workplace matters and employment law in the news and in the courts.AustraliaEmployment and HRWalter Baden
ArticleAbandonment of employmentTo terminate an employee on the basis of abandonment of employment, an employer must end the employment relationship.AustraliaEmployment and HRPointon Partners
ArticleAre customer surveys an effective performance assessment tool?Employers risk the employee making an unfair dismissal claim for using customer surveys if they are not carefully considered.AustraliaEmployment and HRWalter Baden
ArticleBreaching workplace safety: valid reason for dismissalIt was not unfair dismissal to end the employment of an employee who had breached the health and safety requirements.AustraliaEmployment and HRKemp Strang Lawyers
ArticleCan a redundant employee be overqualified for redeployment?The Commissioner ruled that it would be 'unwise' to redeploy an employee who is overqualified for the available position.AustraliaEmployment and HRKemp Strang Lawyers
ArticleCan an employee withdraw their termination? Do you have to accept an employees termination for it to be valid?Exceptions to the rule that the only way a termination can be withdrawn is by the consent of both the employer & employee.AustraliaEmployment and HRColeman Greig Lawyers
ArticleCan my misdirected text justify my dismissal?Accidentally sending a text message to the wrong person could be awkward, or disastrous if the content is inappropriate.AustraliaEmployment and HRColeman Greig Lawyers
ArticleCaution when employees are dismissed on medical groundsOrganisations must be very careful when dismissing employees due to illness or injury, to avoid unfair dismissal claims. AustraliaEmployment and HRKemp Strang Lawyers
ArticleCompliance and the Fair Work OmbudsmanThe Fair Work Ombudsman continues the work of the Workplace Ombudsman in promoting and monitoring compliance with Commonwealth Workplace Laws.AustraliaEmployment and HRHunt & Hunt
ArticleConsensual sexual conduct justified dismissalRecent decision reminds employers about the importance of communicating clear standards of conduct in policies.AustraliaEmployment and HRPeople + Culture Strategies
ArticleCourts will not second-guess the credible decision-maker in general protections casesThe Court will resolve the dismissal-related questions by having regard to all the facts established in the proceedings.AustraliaEmployment and HRHolding Redlich
ArticleDealing With Underperforming Employees In Recessionary TimesIn times of economic decline, employers pay very close attention to their bottom line. As a result, underperforming employees will often be the first in the firing line. But what is the best way to deal with such employees?AustraliaEmployment and HRDLA Piper Australia
ArticleDefining managerial and directorial roles and can these employees make unfair dismissal claims?If they earn less than the high income threshold, employees not covered by an award can make an unfair dismissal claim.AustraliaEmployment and HRColeman Greig Lawyers
ArticleDeliveroo case delivers employment status clarity for gig economyEmployment contracts and agreements must be valid and accurately reflect the nature of the intended relationship.AustraliaEmployment and HRPeople + Culture Strategies
ArticleDismissal for falsifying fatigue management records was fairFair Work Australia dismissed a truck driver’s unfair dismissal claim after finding that termination of his employment for falsifying his fatigue management records was not unfair.AustraliaEmployment and HRCooper Grace Ward